U.S. HOME CORPORATION
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JUN 7
EASEMENT AGREEMENT
Re-recorded to attach Exhibits
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This Easement Agreement entered into this ~ day of ,
1978 by and between u.s. HOME CORPORATION, a Delaware corporati n ("Home"),
and THE CITY OF CLEARWATER, a Florida municipal corporation, whose
mailing address is 112 S. Osceola Avenue, Clearwater, Florida 33516
("City") .
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1. Home hereby grants to the City, its successors and assigns, ~: ~,',:. ,,:.:',',:,:! :,........).:,
for the use and benefit of the public, a non-exclusive right and ..
easement to use and enjoy the waters of the existing lake or water ~;~;~
retention area ("Lake") located on property owned by Home and described :':: ~, '
on Exhibit B attached hereto and incorporated herein by reference c~
("Adjoining Land") for swimming and boating purposes, subject to the ~.'.,~
express conditions hereafter stated. It is a condition of this right Vl
and easement that (i) no such persons exercising the right use or
operate in or on the Lake any motorized or powered boat or watercraft
of any kind; (ii) that any persons exercising the right only gain
access to the Lake by entry from the Park Property; and (iii) that
no such person exercise the right in a manner which would interfere
with enjoyment of the Lake by any owners of all or part of the Adjoining
Land, or in any way create a nuisance. Nothing contained herein shall
grant any person any right of ingress or egress to or from the Lake
across the Adjoining Land, the right granted hereby being strictly
limited to use of the Lake. This right of use and easement shall termi-
nate immediately if at any time the Park Property is not used and main-
tained as a public park and recreation area.
WHEREAS, Home has conveyed to the City the property described on
Exhibit A attached hereto and incorporated herein by reference ("Park
Property") for use as a park and recreation area; and
WHEREAS, City has requested Home to grant it certain easement
rights and Home has agreed to do so upon certain terms and conditions;
NOW, THEREFORE, in consideration of the above premises, the
mutual promises of the parties hereafter set forth, and other good
and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto do agree as follows:
2. Home hereby grants to the City, its successors and assigns, for
the use and benefit of the public a temporary and non-exclusive easement
for ingress and egress over the property described in Exhibit C attached
hereto and incorporated herein by reference ("Road"). Home shall have
the right to terminate this ingress-egress easement at any time,
providing it provides City with an alternate ingress-egress easement
across the Exhibit B property. The ingress-egress easement granted
hereby shall terminate automatically upon the recording in the Public
Records of Pinellas County, Florida such document granting the alternate
ingress-egress easement.
3. City, its successors and assigns, hereby agrees to indemnify
and hold Home, its successors and assigns, harmless from any loss,
cost, harm, damage or expense whatsoever, including claims for loss
of life, personal injury or property damage, arising, resulting or
relating in any way from the exercise by the public, or any person
in particular of the easements or rights granted by Home pursuant to
Paragraphs 1 and 2 hereof. Such indemnification shall include all
reasonable court costs and attorney's fees incurred by Home, including
those incurred in any appellate or administrative proceeding.
/ 4. This instrument shall be binding on the parties hereto,
V their respective successors and assigns. 14 i 4 T Boiia~ 72 Don I.
41
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Prepared by atf~ La be Ye.tt!Yft~a
Randy J. Morell, Esq.
P.O. Box 5000
Clearwater, Florida 33518
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O.R.' '709' PAGE 1156
IN WITNESS WHEREOF, the parties hereto have executed this Easement
Agreement as of the day and year first abovewri tten. '"
Signed, sealed and delivered
in the presence of:
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THE
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CrTY OF CLEARWATER "~
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By
Attest:
STATE OF FLORIDA )
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COUNTY OF PINELLAS )
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as acknowledged before me this S day of
as Division President
rporation.
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No Public, State of Floid ',atLa.:r.ge'::
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My commission expires ~1Jdd'.!.~,l~~/
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
, 1978 by and
, Mayor and Clerk of The City of Clearwater, respectively, on
behalf of the City.
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Notary Public, State of Florida at Large
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My commission expires:
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D.R, 705~'
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Signed, sealed and
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Attest:
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Deputy City 'Cl~.1"k,
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Mayor-Commissioner
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this' 6d
day of June, A. D. 1978, by Anthony L. Shoemaker, Lucille Williams,
Charles F. LeCher and Thomas A. Bustin, City Manager, Deputy City Clerk,
Mayor-Commissioner and City Attorney of the City of Clearwater, Florida,
respectively, on behalf of the City.
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My Commission Expires:
Notary Public, State 01 Florida "t larllf!
My Commission Ex~ires Stili. 29, 19lH
'vnCled ~y Amenc::an file a C.\U.i:Hy COIl''''.1>>''
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EXHIBIT A
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A tract of land lying in Section 29, Township
16 East, Clearwater, Pinellas County, Florida
particularly described as follows:
COMMENCE at the NW Corner of said Section 29; thence N 89045'34" E,
along the north line of said Section 29, for 208.00 feet; thence
S 0002'0611 W, along the east line of a 208.00 feet wide Florida
Power Corporation Right~of-Way, for 190.06 feet to the POINT OF
BEGINNING; thence S 89057'54" E for 625.00 feet; thence S 0002'0611 W
for 1,636.62 feet; thence northwesterly along the arc of a curve
that is concave to the northeast having a radius of 1,625.00 feet
and a central angle of 6057'13" for 197.21 feet; thence
N 89057'54" W for 431.20 feet; thence N 0002'06" E, along the
said east line of a 208.00 feet wide Florida Power Corporation
Right-of-Way, for 1,600~74 feet to the POINT OF BEGINNING.
001[4 709N.6E 1158
28 South, Range
and being more
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EXHIBIT B
LEGAL DESCRIPTION
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A tract of land lying in Section 29, Township 28 South, Range 16 East,
Clearwater, Florida and being more particularly described as follows:
COMMENCE at the NH Corner of said Section 29; thence N 89045134" E,
along the north line of said Section 29, for 208.00 feet; thence Soo02'0611 W
for 190.06 feet; thence S 89057154" E for 625.00 feet to the POINT OF
BEGINNING; thence continue S 89057'54" E for 302.87 feet to a point on
the westerly right-of-way line of Countryside Boulevard and a point on
the arc of a curve that is concave to the northeast; thence 600.81 feet
along the arc of said curve and said right-of-way line having a radius
of 1650.00 feet, a central angle of 20051'46", a chord of 597.49 feet
and a chord bearing of S 28034'07" E to a point of reverse curvature of
a curve that is concave to the southwest; thence 1144.06 feet along the
arc of said curve having a radius of 1150.00 feet, a central angle of
57000'00", a chord of 1097.47 feet and a chord bearing of S 10030100" E
to a point of tangency; thence S 18000'00" W for 138.43 feet to a point
of cusp; thence, leaving said right-of-way line, 39.38 feet along the
arc of a curve that is concave to the southwest having a radius of 25.00
feet, a central angle of 90015101", a chord of 35.43 feet and a chord
bearing of N 27007130" H to a point of compound curvature with a curve
that is concave to the south; thence 435.48 feet along the arc of said
curve having a radius of 1170.00 feet, a central angle of 21019132", a
chord of 432.97 feet and a chord bearing of N 82054147" H to a point of
reverse curvature with a curve that is concave to the north; thence
301.57 feet along the arc of said curve having a radius of 1630.00 feet,
a central angle of 10036102", a chord of 301.14 feet and a chord bearing
of N 88016132" \4; thence N 0002106" E for 1641.66 feet to the POINT OF
BEGINNING and containing 25.58 acres more or less.
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o.R.~709 PAGE 1160
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EXHIBIT C
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An Easement for Ingress and Egress being 50,00 feet in ...lidth over a trclct of land lying
in Section 29, Township 28 South, Range 16 East, Clearwater, Pinellas County, Florida,
the Centerline of which is more particularly described as follows:
COMMENCE at the NW Corner of said Section 29; thence N 890fl5'34" E, along Uw north
1 i n e 0 f s aid See t ion 29 , fa r 2 08 . 00 fee t; the n c e S 0 a 0 2 ' 06" \-1, a 1 0 n 9 the e (1 s t 1 i n e 0 f
a 208.00 feet wide Florida Power Corporation Right-of-Way, for 190.06 fret; thence
S 89057'54" E for 625.00 feet; thence S 0002' 06" ~J for 1 ,586.23 feet to the POINT OF
BEGINNING of said Centerline; thence southeasterly and northeasterly al(Jrlq the at.c of
a curve that is concave to the north having a radius of 1600.00 feet and () untt'al angle
of 10043'57" for 299.71 feet to a point of reverse curvature \'Iith a curve that is cun-
cave to the south; thence along the arc of said curve having a radius of 1200.00 feet and
a central angle of 2P34'33" for 451.88 feet to a point of tangency; thence S 7Z000'OO" E
for 20.00 feet to a point on the westerly right-of-way line of Countryside Boulevard
said point also being the POINT OF TERMINATION.
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March ZI, 1.7.
Mr. ....rt G. 1'Jaen'.
U.S. HOM CorpOrat!.
Laa4 Deyelopaeat D1Yl.10a
Catral 'lorUa
P.O. lox 50.8
Clearwater. Plori" 33511
Dear Mr. Thora to.:
This is to acta..1.q. receipt of the warranty cleed
for the 1.1S0 acre. i.O.L.. f.~ road ri.ht-of-way or
public park in Tract 54 of Couatryside.
The City Attoraey's office will process the d.ed for
formal accaptaace &ad ftliaa.
Thank you.
Siacerely.
A. L. A.~er
City Maul.r
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U,5, Home Corporation - Florida Land Division
December 28, 1978
Mr. Anthony L. Shoemaker
City Manager
City of Clearwater
112 South Osceola Avenue
Post Office Box 4748
Clearwater, Florida 33518
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Re: Tract 54 Road right-of-way or public park deed
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Dear Tony,
Attached please find an executed deed for 1.150 acres, M.O.L.,
which is part of our COlmtryside Tract S4.
We have had a discussion with Max Battle and Cecil Henderson
concerning this road right of way and have come to the conclusion
that it is in the best interests of U. S. Home Corporation and the
City of Clearwater for us to deed over the property to you at this
time.
Our only other stipulation at this point is that we be allowed to
include the acreage in our density calculations for Tract 54 when
we begin site planning the tract.
If you are in concurrence with this, a letter confirming it will
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Perhaps this will help us on our Winner/Bilgore Park problem.
Thank you for your cooperation.
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Sincerely,
RFM:blw
Enclosure
cc: Len Seligman
Bob Thornton
AI Beauchamp
04-054-203
O1.ron.
2280 U,S, 19 North
Suite 144 Bldg, K
P_O, Box 5088
Clearwater, Florida 33515